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17 May 2007
Issue: 7273 / Categories: Legal News , Damages
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Legal bid to bring back compensation scheme for miscarriages of justice

Solicitors are mounting a legal challenge in the High Court against the Home Office decision to abolish a discretionary compensation scheme for victims of miscarriages of justice.

Seven firms—Bhatt Murphy, Bindman & Partners, Bird Solicitors, Fisher Meredith, Hickman & Rose, Hodge Jones & Allen and Stephensons—plus three individual claimants, mounted a judicial review last week, arguing the government acted “unfairly and unlawfully” when it abruptly ended the scheme last April. Judgment has been reserved.

Charles Clarke, the then Home Secretary, said the scheme was “confusing and anomalous”, predated international agreements and standards, cost an annual average of £2m to run and only benefited five to 10 people each year, when he announced its abolition.

A separate statutory scheme set up under the Criminal Justice Act 1988 to comply with the UK’s international law obligations still exists. Compensation is capped at £500,000.

Hickman & Rose partner, Jane Hickman, says: “The schemes cover different kinds of cases.

“The statutory scheme only covers people who are cleared when new evidence comes

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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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